What is a K-1 visa?
A K-1 visa is a nonimmigrant visa category that allows the fiancé(e) of a U.S. citizen to enter the United States for the purpose of getting married. It is also known as the “Fiancé(e) Visa.” The primary purpose of the K-1 visa is to enable the foreign national fiancé(e) to travel to the U.S., marry their U.S. citizen petitioner, and subsequently apply for adjustment of status to become a lawful permanent resident (green card holder).
Key points to understand about the K-1 visa:
· Purpose: The K-1 visa is designed to facilitate the legal entry of foreign national fiancé(e)s into the U.S. to marry their U.S. citizen petitioners within a specific time frame.
· Eligibility: To apply for a K-1 visa, the following conditions must be met:
· The petitioner must be a U.S. citizen.
· Both the petitioner and the fiancé(e) must be legally free to marry (no legal impediments to marriage).
· The couple must have met in person within the two years before filing the petition, unless meeting in person would violate cultural or social customs or would cause extreme hardship to the petitioner.
· Application Process:
· The U.S. citizen petitioner files Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship and intent to marry.
· Once the petition is approved, USCIS sends it to the U.S. consulate or embassy in the foreign fiancé(e)’s country for further processing.
· Interview Process:
· The fiancé(e) is required to attend a visa interview at the U.S. consulate or embassy in their home country.
· During the interview, the consular officer assesses the authenticity of the relationship, the eligibility of the fiancé(e), and their intent to marry within the U.S.
· Marriage and Adjustment of Status:
· After entering the U.S. on a K-1 visa, the fiancé(e) and the U.S. citizen petitioner must marry within 90 days of the fiancé(e)’s arrival.
· After marriage, the K-1 visa holder can apply for adjustment of status to become a lawful permanent resident (green card holder).
· Fiancé(e) Children: If the fiancé(e) has unmarried children under the age of 21, they may be eligible for K-2 visas to accompany the fiancé(e) to the U.S.
· Conditional Permanent Residence: If the marriage occurs less than two years before the K-1 visa holder adjusts status to a permanent resident, they will receive conditional permanent residence, subject to removal of conditions.
· Requirements: The K-1 visa process requires thorough documentation, evidence of a bona fide relationship, and adherence to specific timelines and procedures.
It’s important to note that the K-1 visa process can be complex, and changes in immigration policies and procedures can occur. If you’re considering applying for a K-1 visa, it’s advisable to consult the official USCIS guidelines and consider seeking guidance from an immigration attorney to ensure that you understand the requirements and steps involved.
K-1 visa application process
The K-1 visa application process involves several steps that allow the fiancé(e) of a U.S. citizen to enter the United States for the purpose of getting married. Here’s an overview of the K-1 visa application process:
· Petition Filing (Form I-129F):
· The U.S. citizen petitioner files Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS).
· The petitioner must provide evidence of the relationship, including proof of meeting in person within the two years before filing the petition, unless meeting would cause extreme hardship or is not culturally or socially appropriate.
· USCIS reviews the petition, and if approved, it is sent to the appropriate USCIS service center.
· Notice of Approval (NOA2):
· Once USCIS approves the petition, the petitioner receives a Notice of Approval (NOA2) indicating that the petition has been approved and forwarded to the National Visa Center (NVC).
· NVC Processing:
· The NVC assigns a case number and forwards the petition to the U.S. embassy or consulate in the foreign fiancé(e)’s country.
· The NVC notifies the petitioner and provides instructions for the next steps, including submitting required fees and forms.
· Consular Processing and Visa Interview:
· The foreign fiancé(e) attends a visa interview at the U.S. embassy or consulate in their home country.
· The consular officer assesses the relationship’s authenticity, eligibility of the fiancé(e), and intent to marry in the U.S.
· The fiancé(e) may need to provide additional documents, such as medical examinations and police clearances.
· Visa Approval and Entry:
· If the visa is approved, the foreign fiancé(e) receives the K-1 visa in their passport, allowing them to travel to the U.S.
· The K-1 visa holder can enter the U.S. within the validity period indicated on the visa (usually six months).
· Marrying within 90 Days:
· After entering the U.S., the fiancé(e) and the U.S. citizen petitioner must marry within 90 days.
· The marriage must be in good faith and not for the sole purpose of immigration benefits.
· Adjustment of Status (Form I-485):
· After marriage, the K-1 visa holder can apply for adjustment of status to become a lawful permanent resident (green card holder) using Form I-485.
· This process allows the K-1 visa holder to remain in the U.S. while their green card application is processed.
· Conditional Permanent Residence:
· If the marriage occurs less than two years before the K-1 visa holder adjusts status, they will receive conditional permanent residence, subject to removal of conditions.
· Removal of Conditions (Form I-751):
· If applicable, the K-1 visa holder and the U.S. citizen petitioner must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the conditional green card expires.
It’s important to note that the K-1 visa application process can be complex and subject to changes in immigration policies. Following the USCIS guidelines, providing accurate and complete documentation, and adhering to specific timelines are essential for a successful application. If you have questions or concerns about the process, it’s advisable to consult the official USCIS website and consider seeking guidance from an immigration attorney to ensure that you understand and fulfill all requirements.
K-1 visa cost
Here is a breakdown of the typical costs associated with the K-1 visa application process. Please note that these costs can change over time, so I recommend checking the U.S. Citizenship and Immigration Services (USCIS) website or consulting an official source for the most up-to-date fee information.
· Form I-129F Filing Fee: The U.S. citizen petitioner is required to pay a filing fee when submitting Form I-129F, Petition for Alien Fiancé(e), to USCIS. The fee is $535.
· Medical Examination Fee: The foreign fiancé(e) will likely need to undergo a medical examination by an approved panel physician. The cost of the medical examination can vary based on the country and the specific physician’s fees.
· Visa Application Fee: After the petition is approved and forwarded to the U.S. embassy or consulate, the foreign fiancé(e) is required to pay a visa application fee. The K-1 visa application fee was $265.
· Travel Costs: The foreign fiancé(e) will incur costs associated with traveling to the U.S. embassy or consulate for the visa interview and, subsequently, for travel to the United States.
· Adjustment of Status Fee: After entering the U.S. on a K-1 visa and getting married, the foreign fiancé(e) will need to apply for adjustment of status to become a permanent resident (green card holder). The Form I-485 filing fee for adjustment of status was $1,140, and there might be an additional biometrics fee.
· Additional Costs: Other potential costs include police clearances, translations of documents not in English, and any required documentation for the medical examination.
It’s important to note that fees can change, and USCIS may update its fee schedule. To get the most accurate and current fee information, visit the USCIS website or consult official government sources. Additionally, consider consulting with an immigration attorney to receive personalized advice and ensure that you are prepared for all costs associated with the K-1 visa application process.
What steps need to be taken after a K-1 visa is approved?
After the K-1 visa is approved, there are several important steps that need to be taken before and after the foreign fiancé(e) arrives in the United States: https://bwea.com/k-1-visa-bring-your-fiancee-to-the-us-guide-2020/
Here’s an overview of the key steps:
· Receive the Visa Packet:
· After the K-1 visa is approved, the U.S. embassy or consulate will provide the foreign fiancé(e) with a visa packet that includes the visa stamp in their passport and additional documents.
· Travel to the United States:
· The foreign fiancé(e) can use the K-1 visa to travel to the United States. The visa typically allows a single entry within a specified period (usually six months) from the date of issuance.
· Marry within 90 Days:
· After arriving in the U.S., the foreign fiancé(e) and the U.S. citizen petitioner must get married within 90 days. This is a crucial requirement for the next steps of the immigration process.
· Adjustment of Status (Form I-485):
· After marriage, the foreign fiancé(e) can apply for adjustment of status to become a lawful permanent resident (green card holder) using Form I-485.
· Form I-485 includes detailed documentation, biometric appointments, and an interview with USCIS to determine eligibility.
· Biometric Appointment:
· USCIS will schedule a biometric appointment for the foreign fiancé(e) to provide fingerprints, photograph, and signature for identity verification.
· USCIS Interview:
· After submitting Form I-485, the foreign fiancé(e) will receive an interview notice from USCIS.
· Both spouses must attend the interview to answer questions about their relationship, marriage, and eligibility for permanent residency.
· Receive Conditional Permanent Residence:
· If the marriage occurred less than two years before the foreign fiancé(e) adjusted status, they will receive conditional permanent resident status. This status is valid for two years.
· File to Remove Conditions (Form I-751):
· Within the 90-day period before the conditional green card expires, both spouses must jointly file Form I-751, Petition to Remove Conditions on Residence.
· This process is to demonstrate that the marriage is genuine and continues to be valid.
· Receive Permanent Green Card:
· If Form I-751 is approved, the foreign fiancé(e) will receive a permanent green card, valid for 10 years.
· If the couple fails to file Form I-751 or if it is not approved, the foreign fiancé(e)’s conditional residency may be terminated, and they could face removal proceedings.
It’s important to follow all steps accurately and meet the deadlines provided by USCIS. Each step has its own requirements, documentation, and timelines. It’s advisable to refer to the official USCIS website for detailed instructions, forms, and guidelines. Additionally, considering the complexity of the process, consulting with an immigration attorney can provide personalized guidance to ensure a successful transition to permanent residency.
